Prosecutors moved Friday to conceal the names of three witnesses in last year's triple homicide near Forestville, saying their lives could be in danger if they became known to the public.
Court papers describe the witnesses as providing “relevant evidence,” specifically against defendant Mark Cappello, 47 of Central City, Colo., who is accused of being the gunman in the execution-style slayings believed to have happened during a pot deal gone bad.
Deputy District Attorney Traci Carrillo is seeking an one-on-one meeting with Judge Robert LaForge in which she would explain the risks of revealing the names along with other pre-trial evidence. Her papers suggest prosecutors might ask that the witnesses be allowed to testify under pseudonyms at the July 7 trial.
“This matter involves multi-state victims and witnesses with various backgrounds and involvement in criminal activity,” Carrillo said in her papers. “Three different confidential informants have provided information that they believe, if released too soon before trial, could jeopardize their safety.”
Cappello, who was arrested nine days after the Feb. 5, 2013 killings, faces a possible death sentence if convicted of the murders of Todd Klarkowski, 43, of Boulder, Colo.; Richard Lewin, 46 of Huntington, N.Y.; and Raleigh Butler, 24, formerly of Sebastopol.
Two co-defendants, Odin Dwyer, 39, of Denver; and Dwyer's father, Francis Dwyer, 66, of Truth or Consequences, New Mexico, also are charged but do not face execution.
Defense lawyers would likely object to concealing the identities of the three mystery witnesses. Cappello's attorney, Michael Meehan, said the omission, coupled with incomplete forensic evidence from the Department of Justice crime lab, makes it hard to mount a defense.
“With charges as serious as my client is facing, it's hard to justify not revealing information,” Meehan said.
Francis Dwyer's lawyer, Walter Rubenstein, who contends his client wasn't at the scene, said he doesn't want to be surprised by anything.